Musings and Snippets from a recently retired JP. I served for 31 years, mostly in west London. I was Chairman of my Bench for some years, and a member of the National Bench Chairmen's Forum All cases are based on real ones, but anonymised and composited. All opinions are those of one or more individuals. JPs swear to enforce the law of the land, whether or not they approve of it. Nothing on here constitutes legal advice.

Saturday, December 11, 2010

Back To The Future

When I first joined the Bench it was usual for a police sergeant to prosecute low-level crimes, and a constable to deal with lesser traffic cases. That all stopped with the introduction of the CPS. They started off using lawyers, often Counsel, but over the years they have come to do most cases themselves, appointing 'lawyer-lite' Associate Prosecutors to do the simpler stuff. HM Revenue and Customs prosecutions are now handled by the CPS, so this work has gone from being presented by warranted Customs officers, to Counsel, to CPS staff lawyers. I recently sat on a Proceeds of Crime Act forfeiture application and was surprised to see that the applicant was a Met Police Detective Sergeant. The case was well prepared and the respondent who had had his cash seized managed to give three differing accounts of the money's origin; one when the police searched his home, another in interview, and a third in the witness box, so we had little difficulty deciding on the civil standard of the balance of probabilities that the cash was recoverable property. After the case was over I asked the officer if we were likely to see police officers doing more of their own court work, at least in PoCA cases, and he said that was indeed the case, as it worked out a lot cheaper than using a lawyer. So the wheel has almost gone full circle, in a couple of decades.

What The Papers Said

40 Bloggers That Really Count (Times)There are 30,000 or so unpaid magistrates across England and Wales. For five years, one of them has anonymously detailed the cut and thrust of the job, providing a grimly funny insight into Britain’s sinful underbelly with the same feel and tone as a Hogarth or Dickens.